Pre-Removal Risk Assessment (PRRA)

Introduction to PRRA

  Processed by CIC.

Their job is to decide whether a person deserves the status of a protected person.   

The PRRA is not an appeal. You may only submit new information or evidence

The decision is based on the written information submitted although a hearing may be held.

Be aware that Legal Aid only very rarely funds PRRA cases.

You can apply for PRRA if:

   You were refused by the IRB for the first time.

You made a refugee claim in Canada in the past, and

you have been out of Canada for at least six months since your previous claim

. You were refused refugee protection because of exclusion or inadmissibility. However, if CIC decides that you are at risk, they may decide not to remove you.

Procedure

  The rejected refugee claimant receives a letter from CIC inviting them for an appointment and asking them to bring ID documents.

At the appointment, the rejected refugee claimant will receive: – The PRRA application. – A letter establishing the times (You have 15 days to apply for the risk assessment and a further 15 days to make any written submissions)

Procedure cont’d

   The last page of the PRRA application is the “statement of no intention”. If Departure, is recommended to sign If PRRA, is recommended not to sign

Interview with client

 Is recommended to have this interview just after receiving the negative decision from the IRB, even if the judicial review is going to be filed.   Explain the process and the concept of risk (three fundamental values).

Explain about the last section of the PRRA form, (Section I, statement of no intention,) in order that they do not sign anything at the appointment.

Interview cont’d

 Narrative since refugee hearing until the present (PIF narrative only background)  Old evidence not submitted to the refugee hearing (with an explanation of why not)  New evidence to support the new narrative (nothing that was used at the hearing)  Ask for copies of schedule #1, PIF and H&C application.  Set deadline to bring new evidence

PRRA Application

 Who fills the PRRA application? Persons 18 years of age or older. Minors are included on the parent’s application.

 The first thing to do is to go to the last Section “I” and put a line through it because you

are

doing the PRRA.

Application cont’d

Section A- Personal and Family Information  The principal applicant could be: – The one who was at refugee process or – Any other member of the family  Domestic Violence in Canada  Children that became adults

Application cont’d

Section B – Personal History  Question # 19: The answer must be no. Remember that almost 100% are determined eligible to make a refugee claim.

 Question # 20, 21, 22 and 23: If answer yes, the explanation becomes the most important part.

 Question # 25: If answer yes, will affect negatively your PRRA and the explanation becomes the most important part.

Application cont’d

Section C – Arrival Details  Question # 29: If yes, they will check with embassy or consulate and compare files.

 Question # 30: The answer must be for an indefinite time. (Canada does not provide temporary protection so the person will be rejected.)  Question # 36: The majority of countries do not require exit visa to their citizens.

 Question # 41 and 43: Any reason is valid, except “I did not want to”

Application cont’d

 Question #46: If answer yes, there is a problem. It is not recommendable to apply for a passport from a state from which you are fleeing. A new passport will facilitate removal and will be seized by CIC.

Application cont’d

Section D – Required information for PRRA  Question # 49: Are you wanted by the authorities? The answer could be Yes or No, depending on the case.  Question # 51: The positive effect could be if relatives were already accepted and you can make any connection with the case.

Application cont’d

Section E – Reasons for applying for PRRA (This is the most important part of the whole form).  Question # 52 and 53: The suggested answer is: “Submission will follow.” The whole submission will address these questions.

 Question # 54: The suggested answer is: documents will follow with submission

Application cont’d

  Sections F and G Put yourself as counsel but say no to receive documents, information, disclosure, etc.

 The ownership is on the applicant. They will look for you if they need more help or if they receive something.

Preparing the submissions

The golden rule…  each affirmation must be supported by an attachment/evidence/statement Introduction    Profile of the rejected claimants Brief linking with the persistence of risk Explanation about what we asking for

Submissions cont’d

  Case history or summary of the PIF narrative emphasizing that the case is genuine Use old evidence that was not submitted at the refugee hearing Example: Persistent Targeting of the Claimants Family by FARC  Use the new statement which needs to be signed by the rejected claimant and submitted as an attachment.

Submissions cont’d

  Use of letter from witnesses Use Gender reflections, the best interest of the child, age, poverty   Lack of State Protection Country Conditions (e.g. in Colombia and FARC Activity)  All international reports, news clippings and opinion of experts.

 Conclusion

Submissions cont’d

  Table of Contents List of all the supporting documents of evidences.